The Register-Herald, Beckley, West Virginia

February 20, 2013

Couple charged in child’s death waive preliminary hearing rights

By Sarah Plummer
Register-Herald Reporter

— Both the stepfather and mother charged in the death of 2-year-old Graydon Morgan waived their rights to a preliminary hearing Tuesday in Raleigh County Magistrate Court.

James Green, 23, is charged with first degree murder and Brandy Smallwood, 27, is charged with child neglect causing death.

The case now goes before the grand jury in May.

In Tuesday’s proceedings, Green’s counsel and the prosecutor agreed to an an open file discovery.

Green’s counsel added that the defendant will receive a psychological evaluation.

Green and Smallwood were charged after the West Virginia State Police responded to a 911 call reporting an unresponsive and bloody toddler at a trailer in Fairdale on Feb. 8.

Police determined the child had sustained injuries congruent with physical abuse, including bruising.

The child was taken to Raleigh General Hospital, then to Women and Children’s Hospital in Charleston where he died.

The deceased toddler’s twin brother also showed signs of physical abuse and has been placed in the custody of Child Protective Services, police indicated.

Police said their investigation revealed evidence of recent drug use in the home.

Both Green and Smallwood remain lodged in Southern Regional Jail.

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